Chandigarh: New criminal laws evoke mixed response among advocates

Ramkrishan Upadhyay

Chandigarh, July 1

The Bar Council of the Punjab and Haryana has sought suggestions from its members regarding the new criminals laws being implemented from today.

Ashok Singla, Chairman of the Bar Council, in a message to the members of Punjab, Haryana and Chandigarh has requested them to go through the new laws thoroughly and discuss these with the fellow members. “In case they have suggestions regarding these new laws and its implementation, they may send them to the Bar council to take them up at an appropriate level,” he said.

All three laws focus more on the technology which recognises the validity of information given electronically. This type of communication will now be treated on a par with traditional in-person statements. Rajesh Sharma, advocate

There will be some issues in allowing witnesses to appear through video conferencing. It has to be ensured that a witness is giving the statement without any coercion through video conferencing. Amit Kumar Khairwal, advocate

The council has over one lakh members across Punjab, Haryana and Chandigarh.

Meanwhile, the new criminal laws evoked mixed response among advocates of the Chandigarh District Courts.

Rajesh Sharma, an advocate, said all three laws, Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, focus more on the technology which recognises the validity of information given electronically. “Electronic communication will now be treated on a par with traditional in-person statements,” he said.

Even the witnesses, accused, experts and victims have been allowed to depose with evidence through electronic means,” he added.

He added that for this the court required a high quality video conferencing facility in all courts.

Another advocate, Amit Kumar Khairwal, said though many new things in the new laws were good, but allowing the witnesses to appear through video conferencing had some issues. “It has to ensure that the witness is giving the statement freely without any coercion through video conferencing,” he stated.

Ajay Jagga, also an advocate, said there was a need for spreading awareness regarding the new laws on a huge level. The government should provide adequate training and resources to the agencies responsible for enforcing the new laws, which includes updating legal professionals, conducting workshops and offering continuous support to ensure that law enforcement officers are well-prepared to implement the changes accurately and efficiently, he said

He added that though the related training had been given to the police officers, but there was no such training given to the advocates so far.